HomeMy WebLinkAbout2015/10/05 - ADMIN - Minutes - City Council - Study Session J/1 St. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
OCTOBER 5, 2015
The meeting convened at 6:50 p.m.
Councilmembers present: Mayor Pro Tem Gregg Lindberg, Tim Brausen, Steve Hallfin, Anne
Mavity, Susan Sanger, and Jake Spano.
Councilmembers absent: Mayor Jeff Jacobs
Staff present. City Manager (Mr Harmening), Deputy City Manager/Director of Human
Resources (Ms. Deno), City Attorney (Ms. McDowell Poehler), Director of Operations and
Recreation (Ms. Walsh), Public Works Services Manager (Mr. Merkley), Solid Waste Program
Coordinator(Ms. Fisher), and Recording Secretary (Ms. Hughes).
1. Plastic Bag Listening Session Check-in
Ms. Fisher presented the staff report and communications summary report prepared following
the listening session on September 2, 2015
Councilmember Mavity stated she has not forwarded to staff all the emails she has received and
agreed to forward these emails to Council and staff to make sure the record reflects that the
initial support for a ban on plastic bags was more significant She stated her research on the
expenence of other cities demonstrated that the majonty of cities have had a positive expenence
with a ban or some kind of limitation on plastic bags. She felt the City can and will continue to
push organics recycling and did not think that effort should get in the way of acting on this issue
and she supported a ban on plastic bags and a fee on paper bags. She also supported an
ordinance similar to the"bring your own bag ordinance" adopted by the City of Chicago in 2013
Councilmember Spano referenced the Hennepin County statistic about organics and unrecycled
paper in the waste stream and stated until that figure is reduced, he was reluctant to take action
on a ban on plastic bags and felt the City could be doing a lot more work to reduce this number
that could have a direct and tangible impact on the amount of these products in the waste stream
Councilmember Sanger stated her first preference was the same as Councilmember Mavity. She
asked where the money would go if the City imposed a fee and asked if the retailer keeps the fee
or whether the City can redirect the fee either to environmental protection matters or to local
nonprofits or whether the City can encourage retailers to give the money to local nonprofits. She
stated another option might be to require that every business distnbuting plastic bags must have a
public receptacle where people can return their bags for recycling and to require those businesses
to produce their signed contract with a recycler to prove that the bags are being recycled. She
felt if the City combined that approach with a program to incent people to bring their own sturdy
reusable bags, the City might get to the same place and she could support either of those
approaches. She agreed if everyone participated in organics recycling, there would be less
plastic bags but the City cannot force people to participate in organics recycling
Acting City Attorney Ms. McDowell Poehler stated the City cannot impose a tax if there is no
authonty to do so and in this case, the City has no authority to tax in this venue. She added the
City would have to establish a fee in a regulatory system and those fees have to match up with
the cost of the service provided.
Special Study Session Minutes -2- October 5, 2015
Councilmember Mavity asked if the City could require the retailers to charge a fee.
Ms. McDowell Poehler replied the City is limited by statutory authority and its charter and there
is no explicit authorization for this sort of ban so the City would be left with police powers, i.e ,
the general welfare of the community, and the City's all powers purpose in its charter. She
stated the court has provided limits on those in the past and tends to consider whether a city is
acting for the good of its local community and there is no guarantee this would be upheld if
challenged. She also distributed a memo prepared earlier by the City Attorney regarding some of
the legal issues related to a ban and ability to impose fees.
Councilmember Brausen stated his belief that Council should address plastic bags since they are
part of the waste stream and reflect the throw away mentality of consumerism as a lifestyle. He
stated that after listening to the information provided at the listening session, including the
information from the Environment & Sustainability Commission, he did not support an outright
ban on plastic bags and supported incentives to change behavior and to use alternatives to plastic
bags. He supported imposing a fee on plastic bags and paper bags with the requirement that
businesses provide a recycling container in the front of the stores and stated he was okay with
language similar to the Delaware statute that requires retailers to provide these receptacles,
adding that the revenue generated from fees will finance the cost of providing this type of
program. He added he was in favor of slow implementation to assist retailers and to educate the
public.
Councilmember Hallfin stated he was still undecided about the issue. He stated he was invited to
tour the Knollwood Cub Foods store to see what they are doing with plastic, corrugated
materials, and composting and was impressed by their efforts He stated that their plastic
recycling fills up quickly and is emptied three times a day into a container that is taken for
recycling. He added he would like to get nd of plastic bags but has not yet made a decision.
Mayor Pro Tern Lindberg stated that after hearing from all the various sources on this issue, he
was leaning more toward a "carrot" rather than "stick" approach on the issue. He stated that
Council has heard about the impacts of a plastic bag ban and felt there would be a
disproportionate impact on small business owners and those on a fixed income if a fee were
imposed. He stated the feedback has demonstrated that residents are not looking for a ban and he
felt the City needed to focus its efforts on curbside compostable recycling efforts in its
commercial and industrial areas, adding that incentive-based approaches will work better and
provide measurable results for the City.
Councilmember Hallfin stated he discussed a possible fee on bags at Cub Foods and the manager
told him it was their belief that if a fee were charged, their customers would start bringing their
own bags in order to avoid paying the fee He added that if the City was looking at banning one
substance, he felt that polystyrene was npe for banning.
Councilmember Mavity stated that other cities have exempted some people from the fee and felt
that the City could include that exemption for low income seniors and others.
Councilmember Spano stated he would love to see all plastic bags removed, but over the course
of the past year, several sources including Hennepin County and the Environment &
Sustainability Commission have indicated this is not where the City should be spending its time
and effort.
1,
Special Study Session Minutes -3- October 5, 2015
Councilmember Sanger asked if Byerly's or Cub Foods has come forward with an incentive
plan.
Mr. Harmening replied that the City has not heard -from ,these retailers. He added that he
contacted the Minnesota Retailers Association requesting a.proposal 'but nothing has come
forward from them.
Councilmember.Sanger, agreed with Councilmember Hallfin about Styrofoam and stated that
' maybe.the City should ban :hat product now and come up with some-intermediate steps on
plastic bags.
Mr. Harmening,agreed to provide'Council with a draft ordinance for its consideration at,a future
I;study session that imposes a fee ori plastic bags and paper bags and requires plastic bag recycling -
collection at retail locations. Further discussion is needed to determine the amount of the fee to -
be charged.
Mayor Pro Tem Lindberg adjourned the meeting at 7:29 p.m.
Written Report provided and documented for recording purposes only:
2. Renewable _ ergy ower Pu asing Agreement Update
C:71 A,Melissa ennedy, ity Clerk Greggtin'dber , Mayor Pro T
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